E-2 Visa: Treaty Investor

What Kind of Evidence Do I Need for My E-2 Visa Application?

Establishing your business as real and operating requires more than just meeting the basic documentation requirements. It involves showcasing the sustainability and growth strategy of your enterprise. This includes a detailed five-year business plan that not only lays out financial projections but also operational strategies to penetrate and expand within the U.S. market, particularly in economic hubs like Lehi, UT. Emphasizing how your business fits into the larger economic tapestry of the region can further validate its operational soundness.

Another critical aspect is addressing any potential concerns about business marginality. The ability to sustain and grow the business should be evident through financial and operational records. Demonstrating expansions, such as hiring new staff or renting larger facilities in Lehi, could significantly bolster the perception of your business as more than marginal. Also, engaging local advisors and legal experts to support compliance and strategic alignment with regional economic activities can be an added advantage.

While each consulate will have different rules regarding the specific documents they will want you to include, in general, each successful E-2 application will include some combination of the following:

To Demonstrate That You Are a Qualified Treaty Nationality:

• A copy of your passport
• A copy of your existing visa, if applicable, and previous I-797 Notices of Action
• Marriage Certificate, if applicable
• Children’s Birth Certificates, if applicable
• A copy of your most up-to-date resume/curriculum vitae
• Copies of educational certificates, diplomas, and transcripts

Treaty Investors Must Prove 50-Percent Ownership:

• Articles of Incorporation (if corporation) or Certificate of Organization (if LLC)
• Corporate Bylaws (if corporation) or Operating Agreement (if LLC)

To Demonstrate the Commitment of a Substantial Investment of Capital:

• Bank statements for the treaty enterprise
• Wire transfers
• Documentation of the source of funds (e.g., property sale, inheritance, loans, savings, etc.)

Demonstrating the commitment of substantial capital is a multi-faceted endeavor. Investors looking to establish their business presence in strategic locations such as Lehi, UT, should also focus on leveraging local economic incentives and community partnerships, which not only enhance the business’s legitimacy but also integrate it within the local economic framework.

To Establish the Business as “Real and Operating”:

• Valid lease evidence for premises (not always required for E-2 businesses)
• Invoices, contracts, and receipts as proof of funds spent on the treaty enterprise
• Marketing materials

To Demonstrate That the Business Is Not “Marginal”:

• Balance Sheet and Profit and Loss Statement
• Spreadsheet detailing start-up costs for the business to become operational
• Five-Year Business Plan

E-2 Visa FAQ

Can An E-2 Visa Lead To A Green Card?

While the E-2 visa does not directly provide a path to a green card, many investors explore other options to adjust their status. For example, transitioning to an EB-5 investor visa or pursuing family- or employment-based sponsorship may create permanent residency opportunities. An experienced E-2 visa lawyer in Lehi can evaluate your circumstances, explain available strategies, and guide you toward long-term immigration solutions that align with your personal and business goals.

How Long Does It Take To Get An E-2 Visa Approved?

The processing time for an E-2 visa can vary, but most applicants receive a decision within a few weeks to a few months, depending on the U.S. consulate and the complexity of your case. Delays often occur if additional documentation is requested. Working with an experienced E-2 visa lawyer in Lehi helps ensure your application is complete, well-documented, and strategically prepared, giving you the best chance of a timely approval.

How Long Can I Stay In The U.S. On An E-2 Visa?

An E-2 visa is typically granted for an initial period of two years, with the option to renew indefinitely as long as the qualifying investment and business remain active. Each entry into the U.S. usually allows a two-year stay, even if your visa stamp is valid for longer. Working with an experienced E-2 visa attorney in Lehi ensures you understand renewal requirements and maintain compliance to preserve your ability to live and work in the U.S.

What Is The Difference Between An E-2 Visa And An EB-5 Visa?

The E-2 visa allows investors from treaty countries to live in the U.S. while managing a business, but it does not lead directly to a green card. In contrast, the EB-5 visa requires a substantial investment in a U.S. business and can provide a direct path to permanent residency. Consulting an experienced E-2 visa attorney in Lehi can help you determine which option aligns with your investment goals and long-term U.S. plans.

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